Pushparaj, Sheena Pushparaj and Kanaran v. Janaki, Sajina, Thikkodi Grama Panchayath and others

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN** ## **THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942** ## **W.P.(C) No.2331 OF 2021(N)** ## **PETITIONERS:** |**1**|**PUSHPARAJ,**| |---|---| ||**AGED 50 YEARS, S/O.KANARAN,**| ||**KUNEEMMAL HOUSE,**| ||**THIKKODI VILLAGE, KOYILANDI TALUK,**| ||**P.O. TIKKODI, KOZHIKODE-673 529.**| |**2**|**SHEENA PUSHPARAJ,**| ||**AGED 42 YEARS, W/O.PUSHPARAJ,**| ||**KUNEEMMAL HOUSE,**| ||**THIKKODI VILLAGE, KOYILANDI TALUK,**| ||**P.O. TIKKODI, KOZHIKODE-673 529.**| |**3**|**KANARAN,**| ||**AGED 72 YEARS, S/O.KANNAN,**| ||**KUNEEMMAL HOUSE,**| ||**THIKKODI VILLAGE, KOYILANDI TALUK,**| ||**P.O. TIKKODI, KOZHIKODE-673 529.**| ||**BY ADVS.**| ||**SHRI.RAZAK M.**| ||**SMT.K.REEHA KHADER**| ## **RESPONDENTS:** |**1**|**JANAKI,**| |---|---| ||**AGED 60 YEARS, W/O.KANNAN,**| ||**PUTHUKOLIKKUNI HOUSE,**| ||**TIKKODI VILLAGE, KOYILANDY TALUK,**| ||**P.O. TIKKODI, KOZHIKODE, PIN-673 529.**| |**2**|**SAJINA,**| ||**AGED 42 YEARS, W/O.SUMESH,**| ||**PUTHUKOLIKKUNI HOUSE,**| ||**TIKKODI VILLAGE, KOYILANDY TALUK,**| ||**P.O. TIKKODI, KOZHIKODE, PIN-673 529.**| |**3**|**THIKKODI GRAMA PANCHAYATH**| ||**REPRESENTED BY ITS SECRETARY,**| ||**P.O. THIKKODY, KOZHIKKOD DISTRICT-673 529.**| ## **W.P.(C) No.2331 OF 2021(N)** -2- - **4 THE REVENUE DIVISIONAL OFFICER (RDO), VATAKARA, KOZHIKODE DISTRICT, KOZHIKODE-673 101.** - **5 THE VILLAGE OFFICER, THIKKODI VILLAGE, P.O. THIKKODI, KOZHIKODE DISTRICT, PIN-673 529.** - **6 DISTRICT POLICE CHIEF (KOZHIKODE RURAL), VATAKARA, KOZHIKODE-673 181.** - **7 STATION HOUSE OFFICER, PAYYOLI POLICE STATION, P.O. PAYYOLI, KOZHIKODE-673 522.** **R1&R2 BY ADV. SRI.BIJO FRANCIS R1&R2 BY ADV. SRI.JOSE KURIAKOSE (VILANGATTIL) R3 BY ADV. SRI.K.S.ARUN KUMAR R3 BY ADV. SRI.JUSTINE JACOB R4-R7 SRI.SUNIL NATH N.B., GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** -3- ## **W.P.(C) No.2331 OF 2021(N)** ## **JUDGMENT** The 1[st] petitioner is the owner of a property having an extent of 0.0400 Hectares of land in Re.Sy.No.108/4 (Sy.No.29/6 in Block No.52) situated in Tikkodi Village of Trikkottoor Desom. The 1[st] and the 2[nd] petitioners, who are husband and wife and the 3[rd] petitioner, who is the father of the 1[st] petitioner, are residing in house situated in that property. For constructing a new residential building, the 1[st] petitioner obtained building permit bearing No.A3BA-240856/2018/LSGD dated 27.09.2018 from the 3[rd] respondent Grama Panchayat. The grievance of the petitioners is against respondents 1 and 2, who are causing obstruction to the construction of the building alleging that the property in question is included in the data bank prepared under the provisions of Kerala Conservation of Paddy Land and Wetland Act, 2008 and the Rules made thereunder. The 1[st] respondent filed Ext.P1 complaint dated 16.10.2018 before the 3[rd] respondent. According to the petitioner, there is no violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, since, based on Ext.P2 proceedings of the Local Level Monitoring Committee, the property in question has already been removed from data bank, ## **W.P.(C) No.2331 OF 2021(N)** **==> picture [19 x 7] intentionally omitted <==** vide Ext.P4 Gazette notification dated 24.07.2020. Alleging threat to law and order, at the instance of respondents 1 and 2, in relation to the construction of the residential building on the strength of the building permit granted by the 3[rd] respondent Grama Panchayat, the petitioner submitted Ext.P9 representation dated 10.01.2021 before the 6[th] respondent District Police Chief and thereafter, moved this writ petition seeking a writ of mandamus commanding respondents 6 and 7 to afford proper and adequate police protection to the petitioners and their property. The petitioners have also sought for a writ of mandamus commanding respondents 6 and 7 to take legal action against respondents 1 and 2 and their men and to prevent them from causing any interference, involvements, obstruction and harm against the peaceful use and enjoyment by the petitioners property for the lawful construction of their house. 2. On 29.01.2021, when this writ petition came up for admission, urgent notice on admission by special messenger was ordered to respondents 1 to 3, returnable by 05.02.2021. The learned Government Pleader took notice on admission for repsondents 4 to 7 and the learned Government Pleader was also ## **W.P.(C) No.2331 OF 2021(N)** -5- directed to get instructions. 3. On 05.02.2021, the learned counsel for respondents 1 and 2 sought time to file counter affidavit. The learned Government Pleader was directed to file a statement on behalf of the 7[th] respondent Station House Officer. This Court granted an interim order directing the 7[th] respondent Station House Officer to see that there is no threat to law and order in the locality, at the instance of respondents 1 and 2. 4. Heard the learned counsel for the petitioners, the learned counsel for respondents 1 and 2, the learned Standing Counsel for the 3[rd] respondent Grama Panchayat and also the learned Government Pleader for respondents 4 to 7. 5. The Kerala Police Act, 2011 is enacted to consolidate and amend the law relating to the establishment, regulation, powers and duties of the Police Force in the State of Kerala and for matters connected therewith and incidental thereto. Chapter II of the Act deals with duties and functions of Police. Section 3 of the Act deals with general duties of Police. As per Section 3, the Police, as a service functioning category among the people as part of the administrative system shall, subject to the Constitution of India ## **W.P.(C) No.2331 OF 2021(N)** -6- and the laws enacted thereunder, strive in accordance with the law, to ensure that all persons enjoy the freedoms and rights available under the law by ensuring peace and order, integrity of the nation, security of the State and protection of human rights. Section 4 of the Act deals with functions of Police. As per Section 4, the Police Officers shall, subject to the provisions of the Act, perform the functions enumerated in clauses (a) to (s) of Section 4. As per clause (a), the Police Officers shall enforce the law impartially; and as per clause (b), the Police Officers shall protect the life, liberty, property, human rights and dignity of all persons in accordance with the law. 6. Lord Denning in 'The Due Process of law' [First Indian Reprint 1993, Page 102] has described the role of the Police thus; "In safeguarding our freedoms, the police play vital role. Society for its defence needs a well-led, well-trained and well-disciplined force or police whom it can trust, and enough of them to be able to prevent crime before it happens, or if it does happen, to detect it and bring the accused to justice. The police, of course, must act properly. They must obey the rules of right conduct. They must not extort confessions by threats or promises. They must not search a man's house without authority. They must not use more force ## **W.P.(C) No.2331 OF 2021(N)** -7- than the occasion warrants." 7. In **Manohar Lal Sharma v. Principal Secretary [(2014) 2 SCC 532]** the Apex Court held that, one of the responsibilities of the police is protection of life, liberty and property of citizens. The investigation of offences is one of the important duties the police has to perform. The aim of investigation is ultimately to search for truth and bring the offender to the book. The Apex Court reiterated the said principle in **Ankush Maruti Shinde v. State of Maharashtra [(2019) 15 SCC 470]** . 8. In the statement filed by the 7[th] respondent Station House Officer, it is stated that the property in question has already been removed from the data bank. The learned Government Pleader would submit that at present, there is no law and order issues in relation to the construction of the petitioners residential building. In such circumstances, this writ petition is disposed of with the following direction; i) In case there is any threat to law and order in the locality in connection with the construction of residential building by the 1[st] petitioner, in the property in question, on the strength -8- ## **W.P.(C) No.2331 OF 2021(N)** of a valid building permit issued by the Grama Panchayat, at the instance of respondents 1 and 2, the petitioner shall move the 7[th] respondent Station House Officer with a proper request for police protection. ii) In case any such request for Police protection is made by the petitioner, the 7[th] respondent shall take necessary action on that request, without any delay, taking note of the statutory provisions referred to hereinbefore and also the law laid down in the decisions referred to supra. Sd/- **ANIL K. NARENDRAN JUDGE** bpr -9- ## **W.P.(C) No.2331 OF 2021(N)** ## **APPENDIX** ## **PETITIONERS' EXHIBITS:** **EXHIBIT P1** **TRUE COPY OF THE STOP MEMO ISSUED BY THE 3RD RESPONDENT DATED 16.10.2018.** **EXHIBIT P2 TRUE COPY OF THE REPORT OF LLMC.** **EXHIBIT P3** **TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.14824/2019 AND 16353/2019 DATED 08.11.2019.** **EXHIBIT P4 TRUE COPY OF THE KERALA GAZATE PUBLICATION DATED 24.07.2020.** **EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 3RD RESPONDENT DATED 28.09.2020** **EXHIBIT P6 TRUE COPY OF LETTER ISSUED BY 3RD RESPONDENT DATED 20.10.2020.** **EXHIBIT P7 TRUE COPY OF ORDER OF RDO VATAKARA DATED 16.11.2020.** **EXHIBIT P8 TRUE COPY OF ORDER OF TIKKODI GRAMA PANCHAYATH DATED 27.12.2020.** **EXHIBIT P9 TRUE COPY OF COMPLAINT TO POLICE DATED 10.01.2021.** ## **RESPONDENTS' EXHIBITS: NIL**